NAIROBI, Kenya — The push to replace Teachers Service Commission (TSC) boss Nancy Macharia has hit a legal snag after the Employment and Labour Relations Court issued an order suspending the process.
The interim ruling, delivered in Nairobi on Tuesday, halts the recruitment of her successor just months before the long-serving chief executive’s term comes to an end.
Justice Byrum Ongaya issued the stay following a petition challenging the legality of the succession process. The court found that the matter raised serious questions requiring further examination before the recruitment could proceed.
At the heart of the suit is a claim that the TSC failed to follow due process and may have acted prematurely, given that Dr Macharia’s current term is yet to expire.
“The court is satisfied that the application raises arguable issues deserving full hearing,” ruled Justice Ongaya, adding that any appointments made before that hearing risked creating legal uncertainty.
Macharia’s Tenure
Nancy Macharia has led the TSC since 2015, becoming the first woman to head the powerful body that oversees Kenya’s more than 300,000 public school teachers.
Her time in office has been marked by both sweeping reforms and heated disputes with teachers’ unions, particularly around the rollout of the Competency-Based Curriculum and controversial teacher transfers.
Supporters say she has modernised the commission and strengthened oversight. Critics, however, accuse her of pushing through policies without adequate consultation.
With her tenure due to end later this year, speculation over who might take over had been growing until Tuesday’s court decision threw the timeline into disarray.
Legal Challenge
The case was filed by activist and former teacher Julius Manyala, who argues that the recruitment process lacked transparency and that stakeholders were not adequately consulted.
“It’s not about who gets the job,” he told reporters outside court. “It’s about doing things the right way, according to the law.”
The Teachers Service Commission has yet to respond publicly to the ruling or the claims made in court.
Efforts to reach TSC legal representatives on Wednesday were unsuccessful.
What’s Next
The court has directed that the matter be heard on 11 June. Until then, the freeze on recruitment will remain in place.
The ruling comes at a delicate time for Kenya’s education sector, already under pressure from budget cuts, teacher shortages and growing concerns about learning outcomes.
Education experts say leadership at the TSC is vital to keeping reforms on track.
“Any change at the top must be handled with care and legality,” said Dr Teresa Mwangi, an education policy analyst. “Rushing the process could undermine stability at a time when the system is already under strain.”
With the future of the TSC’s leadership now in limbo, the court’s next decision is likely to shape not just the commission’s direction but the country’s broader education agenda in the years ahead.
